South Carolina Workers' Compensation Settlement Calculator
Estimate South Carolina workers' comp — Maximum & Minimum Weekly Compensation Rate, Total Disability (TTD/PTD), PPD — Scheduled Member Losses
South Carolina workers' compensation claims are governed by S.C. Code Ann. § 42-1-40 / WCC 2026 Compensation Rate Order (Maximum & Minimum Weekly Compensation Rate): Max $1,189.94/wk effective 1/1/2026 — equals 100% of the state average weekly wage; individual benefit = 66⅔% of the worker's own AWW, capped at this rate. Of the 3 landmark South Carolina workers' compensation awards documented on this page, the largest is $1.4M (Deputy Michael Costanzo — struck by a flatbed tow truck while assisting a disabled motorist on the Don Holt Bridge (2020 accident); traumatic brain injury + multiple fractures; settlement resolved a dispute over lifetime PTD eligibility under § 42-9-10; 2022).
🌴 SOUTH CAROLINA: Maximum & Minimum Weekly Compensation Rate | Total Disability (TTD/PTD) | PPD — Scheduled Member Losses
Your Injury
Your Estimated Settlement
$6,000 — $6,000
Pain and suffering = $15,000 in medical bills × 0.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
Workers' compensation is a no-fault system: your benefits are not reduced because you were partly or fully responsible for the accident.
Workers' compensation does not pay pain and suffering. Unlike a personal injury claim, it covers medical treatment and a portion of your lost wages only — so no pain-and-suffering amount is included above.
This figure does not include a permanent impairment award. If your injury leaves lasting limitations, most states add a separate payment based on a doctor's impairment rating and a statutory schedule.
If someone other than your employer caused the injury — a subcontractor, a driver, a defective machine — you may also have a separate personal injury claim against that party, and that claim can include pain and suffering.
Keep this estimate — it is gone when you close the tab.
Workers' Compensation Wage Benchmark — New York State claims only
Across New York State claims only, this benchmark is based on 5,586,588 real payments totaling $139.7B from official New York State workers' comp claims.
Average
$25K
Median
$20K
25th %ile
$13K
90th %ile
$44K
Source: New York State Workers' Compensation Board (via data.ny.gov). These figures come from New York State claims only and do not describe benefit levels in other states. Actual payouts may vary based on individual circumstances.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
South Carolina Workers' Compensation Law
South Carolina workers' compensation benefits is governed by S.C. Code Ann. § 42-1-40 / WCC 2026 Compensation Rate Order (Maximum & Minimum Weekly Compensation Rate): Max $1,189.94/wk effective 1/1/2026 — equals 100% of the state average weekly wage; individual benefit = 66⅔% of the worker's own AWW, capped at this rate. Min $75/wk unless the worker's actual AWW is lower.
Total Disability (TTD/PTD) (S.C. Code Ann. § 42-9-10): 66⅔% of AWW, capped at the max weekly rate; paid up to 500 weeks. Presumed total & permanent disability for loss of both hands, arms, shoulders, feet, legs, hips, or vision in both eyes. Paraplegia, quadriplegia, or physical brain damage triggers LIFETIME benefits — no 500-week cap.
PPD — Scheduled Member Losses (S.C. Code Ann. § 42-9-30): Fixed number of weeks per body part at 66⅔% of AWW. Examples: thumb 65 wks, hand 185 wks, arm 220 wks, foot 140 wks, leg 195 wks, eye 140 wks. Partial losses of a scheduled member are prorated by impairment percentage.
Key South Carolina Workers' Compensation Statutes
South Carolina workers' compensation benefits operates under these critical legal rules:
S.C. Code Ann. § 42-1-40 / WCC 2026 Compensation Rate Order
Maximum & Minimum Weekly Compensation RateStandard: Max $1,189.94/wk effective 1/1/2026 — equals 100% of the state average weekly wage; individual benefit = 66⅔% of the worker's own AWW, capped at this rate
Scope: Set annually by the SC Workers' Compensation Commission from Dept. of Employment & Workforce wage data (2025 max was $1,134.43; 2024 was $1,093.67). Min $75/wk unless the worker's actual AWW is lower.
S.C. Code Ann. § 42-9-10
Total Disability (TTD/PTD)Standard: 66⅔% of AWW, capped at the max weekly rate; paid up to 500 weeks
Scope: Presumed total & permanent disability for loss of both hands, arms, shoulders, feet, legs, hips, or vision in both eyes. Paraplegia, quadriplegia, or physical brain damage → LIFETIME benefits, no 500-week cap.
S.C. Code Ann. § 42-9-20
Partial Disability / Wage-LossStandard: 66⅔% of the difference between pre- and post-injury AWW, capped at the max weekly rate
Scope: Max 340 weeks from the date of injury — a separate cap from TTD's 500 weeks, so a worker can draw TTD then partial-disability benefits in sequence.
S.C. Code Ann. § 42-9-30
PPD — Scheduled Member LossesStandard: Fixed number of weeks per body part at 66⅔% of AWW
Scope: Examples: thumb 65 wks, hand 185 wks, arm 220 wks, foot 140 wks, leg 195 wks, eye 140 wks. Partial losses of a scheduled member are prorated by impairment percentage.
S.C. Code Ann. § 42-1-540
Exclusive RemedyStandard: Workers' comp is the employee's sole remedy against the employer
Scope: Bars common-law tort suits against the employer for a covered injury. Third-party claims against a non-employer defendant (equipment maker, subcontractor, negligent driver) remain available and commonly run parallel to the WC claim.
S.C. Code Ann. § 42-15-20 / § 42-15-40
Notice & Filing DeadlinesStandard: Notice to employer within 90 days of the accident; claim filed with the Commission within 2 years
Scope: Repetitive-trauma/occupational-disease cases: notice within 90 days of discovering the condition is work-related; claim must be filed within 2 years of that discovery, but never later than 7 years after the last injurious exposure.
Recovery Structure
Medical treatment through an authorized treating physician (typically unlimited for the compensable injury), lost wages at 66⅔% of average weekly wage (AWW) up to the state max, permanent impairment awards via the scheduled-member system (§ 42-9-30) or general/unscheduled wage-loss disability (§ 42-9-20), vocational rehab, and death/dependent benefits. No pain and suffering under WC (trade-off of exclusive remedy).
Key South Carolina Doctrines
Exclusive Remedy: Workers' comp is the employee's sole remedy against the employer. Notice & Filing Deadlines: Notice to employer within 90 days of the accident; claim filed with the Commission within 2 years.
Damage Structure + Caps
Max weekly rate $1,189.94 (2026) — 66⅔% of AWW capped at the state AWW; min $75/wk. TTD/PTD paid up to 500 weeks (lifetime for paraplegia/quadriplegia/brain damage); partial-disability wage-loss capped at 340 weeks; PPD scheduled-member awards per § 42-9-30 (e.g., arm = 220 weeks, leg = 195 weeks).
South Carolina Workers' Compensation Verdicts + Averages
Recent South Carolina workers' compensation benefits outcomes:
| Amount | Year | Case / Injury |
|---|---|---|
| $1.4M | 2022 | Deputy Michael Costanzo — struck by a flatbed tow truck while assisting a disabled motorist on the Don Holt Bridge (2020 accident); traumatic brain injury + multiple fractures; settlement resolved a dispute over lifetime PTD eligibility under § 42-9-10 — Traumatic brain injury + multiple fractures (deputy struck by tow truck) |
| $1.3M | 2022 | Truck driver Bryan Curtis Roberson — struck by a load that fell off a truck while picking up freight in Georgetown for Mercer Transportation Co. (2021); head/neck/brain + right ankle/leg/hip injuries; settlement followed a disputed employee-vs-independent-contractor coverage fight — Head/neck/brain injuries + right ankle/leg/hip (truck driver struck by falling load) |
| $225K | 2020 | Construction worker Marllon de Oliveira — struck in the head by a falling 68-lb bundle of roof shingles (2017); cervical fractures requiring spinal fusion; workers' comp portion of a larger claim (separate $4M third-party settlement against the general contractor/subcontractor) — Cervical fractures requiring spinal fusion (struck by falling shingle bundle) |
South Carolina Workers' Compensation FAQs
What is the maximum weekly workers' comp benefit in South Carolina for 2026?
The South Carolina 2026 maximum weekly compensation rate is $1,189.94, effective January 1, 2026 (S.C. Code Ann. § 42-1-40; set annually by the Workers' Compensation Commission based on the state average weekly wage). Your benefit equals 66⅔% of your own average weekly wage (AWW), up to this cap. The minimum rate is $75/week unless your actual AWW is lower.
How long do I have to report my South Carolina work injury?
South Carolina requires notice to your employer within 90 days of the accident (S.C. Code Ann. § 42-15-20). For repetitive-trauma or occupational-disease claims, the 90 days runs from when you discovered — or reasonably should have discovered — that your condition is work-related. Missing this deadline can bar your claim, so report the injury in writing and keep a copy.
Can I sue my employer in South Carolina in addition to workers' comp?
Generally NO — S.C. Code Ann. § 42-1-540 makes workers' comp the 'exclusive remedy' against your employer. Exceptions: (1) third-party claims against a non-employer defendant (equipment manufacturer, subcontractor, negligent driver), which can run in parallel with your WC claim; (2) cases where your WC claim is denied on employment-status or coverage grounds and you separately pursue the responsible party in tort. Both patterns show up regularly in reported South Carolina settlements.
How long do I have to file a workers' comp claim in South Carolina?
You must file your claim with the South Carolina Workers' Compensation Commission within 2 years of the accident, or within 2 years of the date of death if the injury was fatal (S.C. Code Ann. § 42-15-40). For repetitive-trauma injuries, the 2-year clock starts when you knew or should have known the injury was compensable, but you can never file more than 7 years after your last injurious exposure.
Should I accept the first settlement offer in my South Carolina case?
Almost never. Initial offers typically undervalue permanent impairment and future medical needs — the $1.4M+ deputy settlement and $1.25M truck-driver settlement above both grew substantially once counsel disputed the insurer's initial framing (lifetime-benefit eligibility and employee status, respectively). Before accepting, get an independent medical evaluation and consult a workers' comp attorney — most in South Carolina work on contingency with fees subject to Commission approval.
Pending South Carolina Workers' Compensation Issues
Active legal developments (as of April 2026):
- SC's Second Injury Fund (S.C. Code Ann. § 42-7-310 et seq.) closed to new reimbursement claims for injuries occurring on/after July 1, 2008, stopped accepting employer applications after Dec 31, 2011, and was formally wound down as of July 1, 2013 — no longer a factor for current injuries, mentioned only because older claims may still reference it.
- The 2026 maximum weekly compensation rate ($1,189.94) is republished by the SC Workers' Compensation Commission each January 1 based on the prior fiscal year's state average weekly wage — verify against wcc.sc.gov/claims/compensation-rates before relying on it for a claim near a year boundary.
- Whether the $75/week statutory minimum compensation rate in § 42-9-10 has been amended since original enactment has not been confirmed as of August 2026 — cited as last-confirmed statutory text only.
- Several high-dollar 'workplace injury' settlements reported by South Carolina Lawyers Weekly (e.g., a $4M shingle-injury case, a $1M degloving-injury case, a $650K–$675K eye-injury case) were actually third-party tort settlements after the workers' comp claim was denied or capped — not pure WC Commission awards. Only the confirmed WC-Commission portions were used as landmark verdicts here.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- wcc.sc.gov/claims/compensation-rates
- www.scstatehouse.gov/code/t42c009.php
- www.scstatehouse.gov/code/t42c001.php
- www.scstatehouse.gov/code/t42c015.php
- www.scstatehouse.gov/code/t42c007.php
- sclawyersweekly.com/news/2022/10/25/workers-comp-settlement-results-in-1-4m-payout
- sclawyersweekly.com/news/2023/02/10/contractor-who-suffered-injuries-rewarded-1-25m
- sclawyersweekly.com/news/2020/05/08/worker-hit-by-shingles-settles-suit-for-4-225m
Other State Workers' Compensation Calculators
Washington
L&I state fund + self-insure, PPD dollar-amount schedule, $2,303.31/wk equiv
California
SIBTF reform 2026, $1,764/wk max, QME + SB 636
New York
$1,281.50/wk max, LWEC non-schedule PPD, 2025 Protection in Workplace Act
Texas
Non-subscriber option, $1,271/wk, IBR
Illinois
Lifetime uncapped medical, $2,045.63/wk (2026)
Florida
$1,358/wk, 104-week TTD cap, narrow catastrophic definition
Michigan
PIWEC phantom wages, 80% after-tax AWW, $1,201/wk max 2026
New Jersey
Second Injury Fund, 400/450-wk caps, $1,199/wk max 2026
Ohio
BWC monopoly fund, Industrial Commission PTD, $1,281/wk
Pennsylvania
Act 111 (2017), 500-wk partial cap, $1,394/wk max 2026
Alabama
Max $1,219/wk TTD, but non-scheduled PPD (back injuries) capped at just $220/wk
Arizona
$6,131/mo max AMW (66⅔% TTD/PTD), PPD paid in months not weeks
Colorado
Competitive state fund, $1,464/wk max (91% SAWW), 4-day notice deadline
Connecticut
Max $1,716/wk (2026), 28-day contest deadline, SIF closed since 1995
Georgia
Exclusive remedy, $800/wk TTD cap, catastrophic designation unlocks lifetime benefits
Iowa
80% spendable earnings, $2,431/wk max, active Second Injury Fund
Indiana
$877/wk max (66⅔% AWW), 8-day wait, Second Injury Fund
Kentucky
Impairment-factor PPD formula, $1,277.99/wk max, coal black-lung claims
Louisiana
Second Injury Fund, SEB to 520wks, $903/wk max (Sept 2026)
Massachusetts
Opt-out exclusive remedy, $1,922/wk max rate, PPD paid in statewide-wage multiples
Maryland
Exclusive remedy, $1,537/wk max (2026), Uninsured Employers' Fund safety net
Minnesota
Private-carrier market, $1,536.84/wk max, PTSD presumption for first responders
Missouri
Strict-construction state, TTD/PTD capped 105% SAWW, PPD capped 55% SAWW
North Carolina
500-week TTD/PPD cap, $1,446/wk max (2026), 66 2/3% AWW
Oklahoma
TTD/PTD capped at $1,128.66/wk, opt-out struck down, Multiple Injury Trust Fund
Oregon
3-way market (SAIF+private+self-insure), $1,943/wk max, CDA keeps medical open
Tennessee
$1,488.30/wk max (FY26-27), 15-day notice, PPD = rating × 450 wks, no jury trials
Virginia
500-week comp cap (PTD lifetime), $1,507/wk max, 66 2/3% AWW
Wisconsin
Dual-track cap: $1,375/wk TTD (110% SAWW) vs just $454/wk PPD; 6/12-yr SOL
Alaska
PPI = $273K × WPI%, TTD/PTD 80% of wage, max $1,627/wk (2026)
Arkansas
Max $953/wk (85% SAWW), odd-lot doctrine barred, 450-wk wage-loss cap
Washington DC
Max $1,852.07/wk (Jan 2025), 30-day notice, LHWCA-style weeks-based PPD schedule
Delaware
Max $962.72/wk (2026), 90-day notice, Medicare-based HCPS fee caps
Hawaii
66⅔% AWW, $1,240/wk max (2026), Special Compensation Fund after 104wks
Idaho
Max $1,021.50/wk (90% ASW), 500-week whole man, ISIF second-injury fund
Kansas
$905/wk max TTD/PTD, 415-wk PPD cap, SB 430 (2024) raised PTD cap $155K→$400K
Maine
Max $1,561/wk (125% of SAWW), 7-day wait, no statutory minimum, exclusive remedy
Mississippi
Max $654.63/wk, 5-day wait, Second Injury Trust Fund
Montana
$1,192/wk max, 400-week PPD formula, 60-mo medical closure
North Dakota
Monopolistic state fund (WSI), $1,614/wk max, no private insurance or self-insurance
Nebraska
Max $1,166/wk (2026), Espinoza multi-member LOEC rule, exclusive remedy
New Hampshire
$2,309/wk cap (150% SAWW); Second Injury Fund; 3-yr claim filing deadline
New Mexico
100% SAWW cap, $1,146.66/wk max, $36/wk min since 1975
Nevada
Privatized market, monthly PPD annuity (0.6%/1% WPI), max $5,691.79/mo (FY27)
Rhode Island
62% AWW formula, $1,622/wk max, dedicated Workers' Compensation Court
South Dakota
No insurance mandate • $1,152/wk max (2026) • Subsequent Injury Fund repealed 1999
Utah
Max $1,376/wk (2026), 6-yr/12-yr filing window, narrow intentional-injury exception
Vermont
Max $1,914/wk (2026), 6-mo. filing deadline, whole-person PPD schedule
West Virginia
Deliberate-intent exception, $1,150.91/wk max, no punitive damages, privatized market
Wyoming
Monopolistic state fund, no private insurance; PTD capped at 80 months, not lifetime
Main Workers' Comp Calculator
Nationwide WC benefits overview
All Workers' Compensation Calculators by State
Other Calculators for South Carolina
Each South Carolina calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses South Carolina verdict data where available.